Bill S1728C-2013

Requires translation services for orders of protection to any person who is not fluent in English

Requires translation services for orders of protection to any person who is not fluent in English.

Details

Actions

  • Jun 17, 2014: referred to judiciary
  • Jun 17, 2014: DELIVERED TO ASSEMBLY
  • Jun 17, 2014: PASSED SENATE
  • Jun 11, 2014: AMENDED ON THIRD READING (T) 1728C
  • Jun 2, 2014: AMENDED ON THIRD READING 1728B
  • Feb 11, 2014: ADVANCED TO THIRD READING
  • Feb 10, 2014: 2ND REPORT CAL.
  • Feb 4, 2014: 1ST REPORT CAL.107
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Jun 21, 2013: COMMITTED TO RULES
  • Jun 10, 2013: ADVANCED TO THIRD READING
  • Jun 5, 2013: 2ND REPORT CAL.
  • Jun 4, 2013: 1ST REPORT CAL.1014
  • Apr 10, 2013: PRINT NUMBER 1728A
  • Apr 10, 2013: AMEND AND RECOMMIT TO JUDICIARY
  • Jan 9, 2013: REFERRED TO JUDICIARY

Calendars

Votes

Memo

BILL NUMBER:S1728C

TITLE OF BILL: An act to amend the criminal procedure law, the domestic relations law and the judiciary law, in relation to translation services for certain orders by courts of competent jurisdiction

PURPOSE OF BILL:

To require the court to direct a court appointed interpreter who has been appointed to assist in a proceeding, to translate into the appropriate language on the record the essential terms outlined by the court of any temporary or final order of protection issued by the court.

SUMMARY OF SPECIFIC PROVISIONS:

The bill adds new sections to the Family Court act and the criminal Procedure Law to require the court to direct a court appointed interpreter who is present in court to assist in a proceeding, to direct the interpreter to translate on the record the essential terms outlined clearly by the court of any temporary or final order of protection issued by a court.

JUSTIFICATION:

To allow a non-English speaking or hearing impaired respondent or complainant to understand the contents of a temporary and/or permanent order of protection issued by the court

PRIOR LEGISLATIVE HISTORY:

1998:A 1019 Judiciary 2001/02: A.7103 2003/04: A.5364 2005/06: A.4009 2007/08: A.4605A Referred to Judiciary

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect 90 days after it shall have become a law and shall apply to orders of protection issued on or after such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 1728--C Cal. No. 107 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. ESPAILLAT, HOYLMAN, KRUEGER, MONTGOMERY, PERKINS, RIVERA, SAMPSON, SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retain- ing its place in the order of third reading AN ACT to amend the criminal procedure law, the domestic relations law and the judiciary law, in relation to translation services for certain orders by courts of competent jurisdiction THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 530.12 of the criminal procedure law is amended by adding a new subdivision 16 to read as follows: 16. THE COURT OF COMPETENT JURISDICTION SHALL PROVIDE TRANSLATION SERVICES OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION, AS PROVIDED BY PARAGRAPH (T) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW, TO ANY DEFENDANT AND/OR PERSON PROTECTED BY SUCH ORDER OF PROTECTION WHO IS NOT FLUENT IN THE ENGLISH LANGUAGE. SUCH TRANSLATION, OR THE INABILITY TO TRANSLATE INTO A DEFENDANT'S NATIVE LANGUAGE, SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER. S 2. Section 530.13 of the criminal procedure law is amended by adding a new subdivision 10 to read as follows: 10. THE COURT OF COMPETENT JURISDICTION SHALL PROVIDE TRANSLATION SERVICES OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION, AS PROVIDED BY PARAGRAPH (T) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW, TO ANY DEFENDANT AND/OR PERSON PROTECTED BY
SUCH ORDER OF PROTECTION WHO IS NOT FLUENT IN THE ENGLISH LANGUAGE. SUCH TRANSLATION, OR THE INABILITY TO TRANSLATE INTO A DEFENDANT'S NATIVE LANGUAGE, SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER. S 3. Subdivision 3 of section 240 of the domestic relations law is amended by adding a new paragraph a-1 to read as follows: A-1. THE COURT OF COMPETENT JURISDICTION SHALL PROVIDE TRANSLATION SERVICES OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION, AS PROVIDED BY PARAGRAPH (T) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW, TO ANY RESPONDENT AND/OR PERSON PROTECTED BY SUCH ORDER OF PROTECTION WHO IS NOT FLUENT IN THE ENGLISH LANGUAGE. SUCH TRANSLATION, OR THE INABILITY TO TRANSLATE INTO A RESPONDENT'S NATIVE LANGUAGE, SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER. S 4. Section 252 of the domestic relations law is amended by adding a new subdivision 1-a to read as follows: 1-A. THE COURT OF COMPETENT JURISDICTION SHALL PROVIDE TRANSLATION SERVICES OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION, AS PROVIDED BY PARAGRAPH (T) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW, TO ANY RESPONDENT AND/OR PERSON PROTECTED BY SUCH ORDER OF PROTECTION WHO IS NOT FLUENT IN THE ENGLISH LANGUAGE. SUCH TRANSLATION, OR THE INABILITY TO TRANSLATE INTO A RESPONDENT'S NATIVE LANGUAGE, SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE ORDER. S 5. Subdivision 2 of section 212 of the judiciary law is amended by adding a new paragraph (t) to read as follows: (T) (I) PROVIDE TRANSLATION SERVICES TO ALL COURTS TO ASSIST IN THE TRANSLATION OF ALL ORDERS OF PROTECTION OR TEMPORARY ORDERS OF PROTECTION WHERE THE PETITIONER OR RESPONDENT, OR VICTIM OR DEFENDANT, IS NOT FLUENT IN THE ENGLISH LANGUAGE. (II) SUCH TRANSLATION SERVICES SHALL BE MADE AVAILABLE TO ALL FAMILY COURTS AND CRIMINAL COURTS THAT ISSUE ORDERS OF PROTECTION OR TEMPORARY ORDERS OF PROTECTION, AND SHALL BE MADE AVAILABLE IN THE TEN MOST FREQUENTLY USED LANGUAGES IN NEW YORK STATE, AS WELL AS ANY ADDITIONAL LANGUAGES THAT THE CHIEF ADMINISTRATOR OF THE COURTS DEEMS APPROPRIATE. (III) TRANSLATION SERVICES MAY BE PROVIDED THROUGH THE USE OF COMPUTER SOFTWARE, BUT MUST ALSO BE AVAILABLE THROUGH AUDIO MEANS FOR THE VISUAL- LY IMPAIRED. (IV) TRANSLATION SERVICES SHALL NOT AFFECT THE VALIDITY OR ENFORCEA- BILITY OF ANY ORDER. S 6. The chief administrator of the courts may promulgate rules and regulations in order to effectuate the provisions of this act. S 7. This act shall take effect on the ninetieth day after it shall have become a law and shall apply to orders of protection issued on or after such effective date.

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